Patent Attorney

What is a patent attorney?

A patent attorney is an attorney who specializes in patent law and who helps clients—either individuals or corporations—understand and protect their intellectual property rights. A patent attorney’s primary jobs are to help inventors understand whether their ideas are patentable, assist them in drafting and submitting applications to the United States Patent and Trademark Office (USPTO), and communicate with patent examiners.

Because patent attorneys have passed a state bar examination, they can also represent clients in matters related to patent infringement. 

FAQs

When do I need a patent attorney?

If you’re an inventor hoping to patent your invention, a patent attorney can be a valuable resource. Filing a patent application—and searching for existing patents—can be an extremely time consuming and detailed process and hiring a patent law professional to help you can give you the peace of mind that your application is as strong as possible and you aren’t at risk of infringing on someone’s else’s patent-protected rights.

If you discover your own intellectual property rights are being infringed upon, a patent attorney can represent you in court, and help you gather evidence that will strengthen your case.

How much does it cost to hire a patent attorney?

The cost to hire a patent attorney will depend on a number of factors such as how detailed your case is, the patent attorney’s expertise, and even what state your case is in. Generally speaking, you should expect to pay anywhere from $100 to $300 an hour for the services of a patent attorney.

Is a patent lawyer the same as an intellectual property lawyer?

Intellectual property lawyers and patent lawyers are both experts in matters related to intellectual property law, but patent attorneys focus specifically on patents while intellectual property lawyers may also handle matters related to copyrights and trademarks. 

Furthermore, patent attorneys hold licensing from the USPTO, and have passed a state bar exam, as well as specialized exams that allow them to represent clients in patent cases held before the USPTO. Intellectual property lawyers don’t necessarily hold these same qualifications. They also cannot help clients draft and submit patent applications unless they also hold a patent attorney license.

Is a patent attorney the same as a patent agent?

Patent agents are also experts in patent law. And, like a patent attorney, they have passed the necessary exams needed to draft patent applications and submit them to the United States Patent and Trademark Office.

However, patent agents aren't patent lawyers. They haven't attended law school and can't offer legal advice or represent clients in patent infringement cases. If you’re just looking for someone to help you draft a strong patent application, a patent agent could be a good partner for you.